William Alfred Walker, Appellant, v. W. Frank Smyth, Jr., Superintendent of the Virginia State Penitentiary, Appellee, 188 F.2d 160 (4th Cir. 1951)

Annotate this Case
US Court of Appeals for the Fourth Circuit - 188 F.2d 160 (4th Cir. 1951) Argued March 12, 1951
Decided March 31, 1951

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond; Sterling Hutcheson, Judge.

William Alfred Walker, pro se.

Thomas M. Miller, Asst. Atty. Gen. of Virginia (J. Lindsay Almond, Jr., Atty. Gen. of Virginia, on brief), for appellee.

Before PARKER, SOPER and DOBIE, Circuit Judges.


This is an appeal from an order denying an application for a writ of habeas corpus. Pursuant to section 53-296, Code of Virginia, appellant was sentenced to a term of fifteen years by the Circuit Court of the City of Richmond as a repeating offender. All questions raised on appeal are fully answered by the decision of the Supreme Court in Gryger v. Burke, 334 U.S. 728, 68 S. Ct. 1256, 92 L. Ed. 1683; and on the authority of that decision, the order appealed from will be